Will Baude

I think that's why they make you disclose is because that makes you a prohibited person to transfer a firearm to.

Um, so on the flip side, so meanwhile, on the, on the respondent side, I think everybody agrees that Congress could stop you from using drugs, using a gun while you're on drugs.

Like one of the launch standard traditions is like, if you are drunk, you should put your gun away first.

Um, and there were times when you, you know, had to check your guns at the opening of the bar or whatever.

So they concede that like, if you could show that he was high and had his gun at the same time, that would be a valid conviction.

Um,

But the question is, what if, as in many cases, somebody might get high regularly, own a gun, but relatively responsibly, like, put the gun away while they're getting high so they're not using and carrying at the same time?

Can that be a crime?

Yeah.

The justices all lived in the same boarding house in D.C., and by all accounts, part of how John Marshall sort of kept them under control was he always brought them an era.

And, you know.

Yeah, so those laws apply to habitual drunkards or drunkards, which is a little different.

And so the respondents say that supports our view of, like, you know, don't drink and carry, but not necessarily a rule that you can't be a regular user.

Yeah.

Yeah.

Sort of like an addict.

Yeah.

So that's what's funny is that we sort of abandoned that piece of the statute.

Maybe that's the better hook.

Now, again, part of this is the level of generality problem, right?